This article is written by Mehar Verma, a 3rd-year law student, from Jindal Global Law School, Sonipat. In this article, the author talks about the meaning, importance, and procedure for filing caveat under CPC.

Introduction

To know when to lodge a caveat or what to do when a caveat against you is lodged, it is important to understand caveat and its implications. In simple words, a caveat is a right given to a person in civil proceedings to avoid ex-parte orders or judgments. For example, X is the owner of the land and he wants to build a house on the same land, for which he even got permission from the municipality. However, Mr. Y, a neighbour of X, is not happy with his decision and claims that a part of the land where the construction is going to be done belongs to him. Now Mr. X being a wise man anticipates that Y may file an application. Thus he files a caveat against Y in a competent suit, praying the court to give him a notice when any such application is made by Y. Lodging of such caveat made X entitled to be informed by the court as well as Mr. Y about any application that is made or is about to be made and any order passed by the court without giving such a notice would be void.

Meaning of Caveat

The caveat in Latin means “let a person be aware” and in law, it may be understood as a notice given asking not to act in a certain manner without informing the person who gave such a notice. Under the Civil Procedure Court, the provision of caveat is dealt with in Section 148A. Even Though CPC does not define caveat in the case of Nirmal Chand v. Girindra Narayan, the court defined caveat as a warning given by an individual to the court that no order or judgment shall be passed without giving notice or without hearing the caveator. The person who files a caveat is called the Caveator and the person who has instituted a suit or is likely to do so is called caveatee. The main object of caveat is to ensure that the court does not pass ex parte orders and that the interests of the caveator are protected. Caveat also reduces the burden of court and brings an end to the litigation as it reduces the multiplicity of proceedings. As the purpose of the caveat was to save the cost and convenience of the court, in Kattil Vayalil Parkkum Koiloth v. Mannil Paadikayil Kadeesa Umma, the court held that no caveat can be lodged by a total stranger to the suit.

When to lodge a Caveat?

According to Section 148A, when people apprehend that some case against them is filed or is about to be filed in any court of law in any manner, they have a right to lodge a caveat. The Caveat may be lodged in the form of a petition under the following circumstances:

1. During an ongoing suit or litigation and in that the application is already been made or is expected to be made;
2. The suit is about to be instituted and in that suit, an application is expected to be made.

Thus, firstly it is always about an application in a suit of the proceeding and secondly that suit or proceeding can be in the present which is already instituted or it can be in the future where a suit is not instituted yet but the same is expected. In all such situations the right to lodge a caveat arises.

Who may lodge a caveat?

Section 148A further provides that a caveat may be filed by any person, whether a party to the suit or not, as long as the person filing the caveat has the right to appear before the court in regard to the suit in question. Thus caveat can be filed by a third party as well, if they in any manner are connected to the suit in question. However, as it is already discussed that a caveat cannot be lodged by a person who is a total stranger to the case and the same principle was laid down in Kattil Vayalil Parkkum Koiloth v. Mannil Paadikayil Kadeesa Umma. To conclude, this clause is substantive in nature and caveat may be filed by any person claiming a right to appear before the Court.

Where can a caveat be lodged?

As and when the caveator anticipates some legal proceedings to be filed against him in the near future, he can file a petition for a caveat in any Civil Court of original jurisdiction, Appellate Court, High Court as well as Supreme Court. Civil Courts include Courts of Small Causes, Tribunals, Forums, and Commissions. However, in Deepak Khosla v. Union of India & Ors, the court held that Section 148A of the code applies to civil proceedings only and caveat cannot be made against petitions made under the Criminal Procedure Code or petition made under Article 226 of the Constitution of India.

How to file a caveat?

A caveat under Section 148A shall be signed by the caveator or his advocate. Where the caveator is represented by an advocate, it should be accompanied by his Vakalatnama. The caveat presented shall be registered in a caveat register maintained by the courts in the form of a petition or any other form that may be prescribed. The register of caveat contains the date of caveat, name, and address of caveator, name of the plaintiff, the name of the defendant and date and a number of proceeding filed as anticipated by caveator. A caveat is always filed with a copy, the postal proof and an application explaining to the court that a copy of the caveat has been sent to all the parties and thus the court need not do the same. Even though the court fees of filing a caveat varies for different courts, it is generally a nominal amount of less than INR 100. The rules and format of the caveat are similar for most of the courts.

While filing a petition of caveat in Delhi High Court, follow the below-mentioned steps:

1. Support the caveat petition with an affidavit. Both petition and the affidavit should be signed by the caveator;
2. Apart from this, a vakalatnama, impugned order (if any), and proof of service of notice of caveat is also to be submitted to the Court.

The format of filing caveat in Delhi High Court can be referred below:

http://www.delhihighcourt.nic.in/writereaddata/upload/Downloads/DownloadFile_KUD67PSJ.PDF

What does a caveat contain?

A caveat or a notice given to the court that certain actions may not be taken without informing the caveator should contain the following information:

1. Name of the caveator;
2. Address of the caveator where the notice would be sent;
3. The name of the court where such caveat is filed;
4. The number of the suit and the number of the appeal if applicable;
5. Brief details about suit or appeal likely to be filed;
6. Name of the probable plaintiffs or appellants and the respondents.

Notice

If subsequent to the filing of a caveat, any application is made in any suit or legal proceeding, the court is required to give notice about such an application to the caveator. When a notice has been served on the applicant, the applicant at the expense of the caveator is required to provide the caveator with a copy of the application made by him along with any document that may have been submitted with the application. If the court or applicant ignores the caveat and does not inform the caveator, the decree or judgment passed becomes null and void.

The Reserve Bank of India Employees association & anr. V. The Reserve Bank of India & Ors, a caveat petition was filed by the appellants apprehending an injunction order by the respondent. For the caveat filed, the plaintiffs were served with a notice and all other relevant papers or documents. They were also informed that the application will be moved on 28-10-1980. However, the application was not heard on the said date, rather heard later on 30-10-1980. The petitioners argued that as the court failed to provide the plaintiff with the notice of the order, the judgment would be void and null, in accordance with clause (3) of Section 148A. The court disagreed with the appellants and held that caveat gives the right to be informed about hearing of the case and not takes away the right of a court to deliver a judgment or order on the merits of the case. Mere lodging of caveat does not deprive the court of its power to deliver orders or judgments.

However, the precedent set in the above case was overruled in C.G.C Slddalingappa v. G.C Veeranna, wherein the applicant on filing a caveat was served with a notice. However, the case was decided on a later date without giving notice to the appellant about the same. The court held that the provision regarding notice under Section 148A(3) is mandatory and non-compliance of the same defeats the very object of 148A, thus the order passed is void and null.

Right and duties

When a caveat is filed, it gives certain rights and duties to the caveator, applicant as well as the court. Let’s consider all these rights and duties separately:

Rights and duties of the caveator

Clause (2) of the section provides that when a caveat has been lodged under sub-section (1), the caveator shall serve a notice of the caveat to the person by whom the application has been made or is expected to be made under sub-section (1). The caveator at the time of lodging the suit says that either there is a suit in the present and in which I expect an application is going to be made or there is an application existing in the suit and I want to be represented, or he says that a suit is going to be filed in the future and in that suit an application will be made and in that application I want to be represented. So whenever such an application comes, the caveator has the right to be informed. However, before he becomes entitled to notice, he has to give a notice saying that I have lodged a caveat to the person from whom he is expecting such an application to be made. In other words, the caveator has to serve notice by registered post, on the applicant who is going to file this application or who has already filed an application, saying that whenever you file an application, you are bound to give notice.

Rights and duties of court

The duty of the court arises, once the caveat is lodged and notice is served upon the applicant. Clause (3) of the Section provides that after a caveat has been lodged and thereafter any application is filed in any suit or proceeding, the court has to serve a notice to the caveator. This means that once the caveator has filed the caveat saying I want to be represented and after that, an actual application has been filed within the next 90 days, in that case, the court will serve a notice to the caveator, informing him that the application that was expected by him has been filed and the caveator thereby has the right to be heard before the court.

Rights and duties of the applicant

In addition to the court giving notice, the applicant is also required to serve a notice to the caveator, informing that an application in regard to the caveat filed has been made. Clause (4) of the section, directs the applicant to provide a copy of the application made by him along with any other document or paper that may have been fled by him in support of his application to the caveator. The Court will not move forward with the application unless an affidavit is submitted by the applicant that a notice has been served to the caveator.

Limitation of time

As provided by the section in clause 5, the caveat stays in force for a period of 90 days. If within these 90 days an application is filed, then the court, as well as the applicant, has to give notice to the caveator. However, if no caveat is filed within these 90 days, then no one has the duty to inform the caveator, i.e. if the application is filed after the expiration of such period the caveat stands null and void. If the caveator still wants to be informed then a fresh caveat needs to be lodged for the next 90 days.

Common mistakes made while filing a caveat

Some of the common mistakes made while filing caveat are as follows:

1. The caveat is often filed in support of an application, it is important to remember that caveat can be made only against an application;
2. Caveator forgets to serve a notice to the applicant, which is mandatory under Section 148A of CPC
3. Caveators often claim that the order or judgment was incorrect because the notice was given, even after the expiration period. It is important to remember that after 90 days, a fresh caveat needs to be filed.

Conclusion

Section 148A, give any person who has a fear or nervousness that some or the other case against him or her are going to be filled in a court of law in any manner, the power to lodge a caveat in the court. A caveat may be lodged in any civil suit including tribunals and forums in the form of a petition. If an application, that the caveator had anticipated is made within 90 days of filing the caveat, then a notice is to be served by the applicant as well as the court to the caveator, informing him about the filing of such an application. Any judgment or order passed without giving such notice or without giving a reasonable opportunity to the caveator to be heard, would be considered void and null.

References

1. https://blog.ipleaders.in/five-things-know-caveat/
2. https://bombayhighcourt.nic.in/libweb/acts/cpc1908/Order40A.pdf
3. http://delhihighcourt.nic.in/courtrules.asp

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